Self-Assessment Test

Answer the following questions after reading the article. Use the answer form provided to send the test, along with a $20 processing fee, to the State Bar. Please allow at least eight weeks for MCLE certificates to reach you in the mail.

2. Economic damages include anything for which monetary damages can be assessed.

HYPOTHETICAL 1 (Applicable to questions 3 - 5)

On Jan. 15, 1986, Plaintiff, a minor, was injured in a multiple car accident when the car his mother was driving was rear-ended by another vehicle (A), which vehicle in turn was rear-ended by yet another vehicle (B), forcing A's car back into plaintiff's mother's car. Upon reaching the age of majority in 1994, Plaintiff brought suit against A and B. A was uninsured and judgment proof. In awarding $30,000 in damages to Plaintiff ($10,000 economic), the jury found A 70 percent at fault and B 30 percent at fault.

HYPOTHETICAL 2 (Applicable to questions 6 - 11)

In a slip and fall case, plaintiff brings suit alleging negligence against a premises owner and strict products liability against the manufacturer of a non-slip surface which was, in fact, slippery. The jury awarded $300,000 in damages ($100,000 economic), and apportioned fault 10 percent to plaintiff, 60 percent to the premises owner and 30 percent to the manufacturer. The premises owner settled before trial for $90,000.

HYPOTHETICAL 3 (Applicable to questions 12 - 14)

Plaintiff was injured when forcibly removed from a bar by its bouncer. He sued the bouncer as well as the bar under a theory of respondeat superior. The jury awarded $20,000 in damages ($7,000 economic) and apportioned fault 90 percent to the bouncer (who had disappeared and was not present at trial) and 10 percent to the bar.

HYPOTHETICAL 4 (Applicable to questions 15 - 20)

Plaintiff was injured at work when a supplier left a pane of glass in an unsafe location and plaintiff bumped into it, breaking the glass. The employer's manager had watched the supplier place the pane in the unsafe location. The employer's workers' compensation carrier paid $15,000 on the claim for medical bills and loss of earnings. Plaintiff sued the supplier (the employer could not be sued because of the exclusive remedy provisions of the Workers' Compensation Act), obtaining a judgment for $45,000 ($15,000 economic). The employer and supplier were found to be equally at fault.